In re Dawn Johnson Whatley and Michael Easton--Appeal from Probate Court No 2 of Harris County

Opinion issued August 9, 2007

In The

Court of Appeals

For The

First District of Texas

NO. 01-07-00613-CV

IN RE DAWN JOHNSON WHATLEY AND MICHAEL EASTON, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

By petition for writ of mandamus and prohibition, relators, Dawn Johnson Whatley and Michael Easton, challenge Presiding Statutory Probate Judge Guy Herman s June 7, 2007 minute order assigning himself to hear pending motions to recuse Judge Mike Wood and to transfer Cause No. 2006-36929, Sun Life, et al v. Mylus James Walker,Jr., et al, from the 125th District Court of Harris County, Texas to Harris County Probate Court No. 2. // Relators have requested that their petition for a writ of mandamus be dismissed.

Accordingly, we dismiss the petition for writ of mandamus.

We dismiss as moot all other pending motions, if any.

PER CURIAM

Panel consists of Justices Nuchia, Hanks, and Bland.